A real-world lesson in why ignoring social media can cost plaintiff firms dearly.
It was a textbook personal injury case. Strong facts. Solid liability. Clear damages. The plaintiff’s attorney had every reason to feel confident when a $1 million settlement offer landed on their desk just after deposition.
But then everything unraveled — because no one checked the client’s Instagram.
The Post That Sank the Case
Emboldened by the seven-figure offer, the attorney countered, hoping to push the number higher. The insurer, in turn, took a closer look and that’s when they found it.
Vacation selfies. Watersports. All publicly posted by the plaintiff during the alleged period of disability.
Three days later, the defense rescinded their offer. A new one came in: $200,000.
The attorney was blindsided. The client was furious. And the insurer? They knew they had the upper hand, all because of one overlooked step.
What Could Have Changed Everything
Had the firm reviewed the client’s social media early on, they would have spotted the credibility landmine and advised the client accordingly, or at least quickly negotiated the $1 million offer before giving the defense time to dig.
Instead, the delay gave the insurer an opening. And the opportunity vanished.
Why Social Media Still Gets Missed
Ask any plaintiff firm, and they’ll tell you they know social media matters. But knowing isn’t the same as doing.
In reality, social media discovery is often skipped or done inconsistently. Why?
- Attorneys are focused on building legal strategy.
- Support teams are juggling heavy caseloads.
- And most firms simply don’t have a workflow that includes social media review.
The result: critical content is missed, and the case is compromised.
When Should You Review Social Media?
We’ve seen it play out in hundreds of firms. Here’s how they typically approach it and what we recommend:
- Best Practice: At Intake
Requesting social media content at onboarding (just like medical or police records) helps you assess risk and shape your strategy from day one.
- Adequate (but Risky): At Litigation
Waiting until litigation begins means you’re already behind. You’ve lost months where clients might have posted more, and the defense is probably already digging.
- High Risk: When You “Feel” It’s Needed
A pick-and-choose approach means things fall through the cracks. And in litigation, what you don’t know will hurt you.
Protect Your Case Value with Process
When client social media review is a defined and an assigned step in your workflow, nothing gets missed. You’re able to advise clients early, avoid surprises during discovery, and maintain control of your narrative in negotiations or court.
Put Control Back on Your Side
The defense is already looking. You should be too.
Private Footprint gives your team a consistent, easy-to-integrate way to review client social media early – before it can be used against you.
Request a demo and learn how to protect case value from day one.